Cyprus: Bi-communal and Bi-zonal Federation
Introduction
1. For the purpose of establishing a bicommunal structure, the aspects in the Ghali set of ideas which are presented with no alternatives should be accepted as a basis. Then a preference should be made between those with alternatives. Then proposals not discussed so far but necessary for democratization should be produced.
2. As far as the question of systems is concerned, the parliamentary system should be preferred.
3. The participation of the President and the Vice President in the elections together and each asking for votes from the other community must be preferred; even if separate candidacy will be adhered to, cross-voting obliging each candidate to go to the other community for votes must be made obligatory.
4. The amendments proposed by the Patriotic Unity Movement for the constitution of the North are also valid for the Constitution of Federal Cyprus. These amendments, which are for a parliamentary system, must be, be strengthened with checks and balances as in the presidential system.
5. As far as the distribution of population is concerned the area under the Turkish Cypriot administration should be kept as large as possible enabling a greater number of Greek Cypriots to return to their homes under Turkish Cypriot administration.
The rehabilitation of a considerable number of Greek Cypriots under Greek Cypriot administration should be made possible in Varosha and Morphou.
6. In the legal system the citizens of the Federal Republic must be able to appeal to the Federal Court.
7. Joint bicommunal political parties should be possible.
Overall objectives
The overall framework agreement is an integrated whole which, when it is approved by both communities in separate referendums and the provisions contained in the transitional arrangements have been implemented, will result in a new partnership and a new constitution for Cyprus that will govern the relations of the two communities on a federal basis that is bi-communal as regards the constitutional aspects and bi-zonal as regards the territorial aspects.
The overall framework agreement is based on the 1977 and 1979 high-level agreements, relevant United Nations resolutions, in particular Security Council resolutions 367 (1975), 649 (1990), 716 (1991) and 750 (1992), and the guiding principles set out below.
Cyprus a bi-communal and bi-zonal federation
The overall framework agreement recognizes that Cyprus is the common home of the Greek Cypriot community and of the Turkish Cypriot community and that their relationship is not one of majority and minority but one of two communities in the federal republic of Cyprus. It safeguards the cultural, religious, political, social and linguistic identity of each community.
The overall framework agreement ensures that the Cyprus settlement is based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as defined in paragraph 11 of the Secretary-General's report of 3 April 1992 (S/23780) in a bi-communal and bi-zonal federation, and that the settlement must exclude union in whole or in part with any other country or any form of partition or secession.
The overall framework agreement acknowledges and ensures the political equality of the two communities. While political equality does not mean equal numerical participation in all branches and administration of the federal Government, it will be reflected in the fact that the approval and amendment of the federal constitution will require the approval of both communities; in the effective participation of both communities in all organs and decisions of the federal Government; in safeguards to ensure that the federal government will not be empowered to adopt any measures against the interests of one community; and in the equality and identical powers and functions of the two federated states.
Effective participation of the two communities
The overall framework agreement provides for functions and powers of the federal Government, including its structure, composition and functioning of its three branches, that will ensure the effective participation of the two communities and the effective functioning of the federal Government, which will require an appropriate deadlock-resolving machinery.
The two communities acknowledge each other's identity and integrity, and commit themselves to work actively to achieve a new relationship based on mutual respect, friendship and cooperation.
Toward this end, the two communities agree to change all practices incompatible with this commitment and to refrain from any action that would impair the efforts for a negotiated settlement. They pledge to launch immediately a programme of action to promote goodwill and closer relations between them.
II. Guiding principles
The bi-communal and bi-zonal federation will be established freely by the Greek Cypriot and Turkish Cypriot communities. All powers not vested by them in the Federal Government will rest with the two federated states.
The federal constitution will come into force after its approval by the two communities in separate referendums and can only be amended with the approval of both federates states.
The federal republic will be one territory composed of two politically equal federated states.
The federal republic will have one sovereignty which is indivisible and which emanates equally from the Greek Cypriot and Turkish Cypriot communities. One community cannot claim sovereignty over the other community. The federal republic will have one international personality and one citizenship regulated by federal law in accordance with the federal constitution.
The federal constitution will safeguard the identity, integrity and security of each community as well as their political, economic, social, cultural, linguistic and religious rights. All citizens will be equal under the law.
The federal republic will be secular. Religious functionaries will be prohibited from holding elected or appointed political office in the federal government or in the federated states.
Special ties with Greece and Turkey
The federal republic will maintain special ties of friendship with Greece and Turkey and will accord most favored nation treatment to Greece and Turkey in connection with all agreements whatever their nature. The federal republic will continue the membership in the Commonwealth.
The official languages of the federal republic will be Greek and Turkish. The English language may also be used.
The federal republic will have its own flag to be agreed upon. The Federal flag will be flown on federal buildings and federal locations to the exclusion of all other flags. Each federated state will have its own flag.
The holidays to be observed by the federal Government will be agreed upon and embodied in the federal constitution. Each federated state will observe the federal holidays as well as those established by it.
The two federated states will have identical powers and functions.
Each federated state will be administered by one community.
Each federated state will decide on its own governmental arrangement in a manner consistent with the federal constitution.
The federal Government cannot encroach upon the powers and functions of the two federated states.
Security, law and order and the administration of justice in its territory will be the responsibility of each federated state in a manner consistent with the federal constitution.
The two federated states will cooperate in the preservation and/or use of historical sites and religious shrines of both faiths to be agreed to during the transitional period.
III. Constitutional aspects of the federation
The powers, functions and structure of the federal Government will be in conformity with the overall objectives and guiding principles set out above.
A. Powers and functions to be vested on the federal government.
The federal Government will have the powers and functions listed below. All powers and functions not vested in the federal Government will rest with the two federated states. The federated states may decide jointly to confer additional powers and functions to the federal Government or to transfer powers and functions from the federal Government to the federates states.
The federal Government will have the following powers and functions:
a) Foreign affairs (the federated states may enter into agreements with foreign Governments and international organizations in their areas of competence. The representation in foreign affairs will reflect the bi-communal nature of the federal republic):
b) Central bank functions (including the issuance of currency):
c) Customs and the coordination of international trade,
d) Airports and ports as concerns international matters;
e) Federal budget and federal taxation;
f) Immigration and citizenship;
g) Federal judiciary and federal police;
h) Federal postal and telecommunications services;
i) Patents and trademarks;
j) Appoinment of federal officials and civil servants (on a 70: 30 Greek Cypriot/Turkish Cypriot ratio);
k) Standard setting for public health, environment, use and preservation of natural resources, and weights and measures;
l) Coordination of tourism and industrial activities.
m) Federal antidiscriminatory legislation including affirmative action.
The federal powers and functions will be executed by the federal Government or, in accordance with agreements, through delegation to the federated states.
B. Structure, composition and functioning of the federal Government
The Legislature
The legislature will be composed of a lower house and an upper house. The presidents of the lower house and of the upper house cannot come from the same community. The president and vice-president of each house will not come from the same community.
All laws must be approved by both houses.
The lower house will be bi-communal with a 70:30 Greek Cypriot/Turkish Cypriot ratio.
The upper house will have a 50:50 ratio representing the two federated states.
All laws will be adopted by majority in each house. A majority of the Greek Cypriot or Turkish Cypriot representatives in the lower house may decide, on matters related to foreign affairs, defense, security, budget, taxation, immigration and citizenship, that the adoption of a law in the lower house will require separate majorities of the representatives of both communities.
Separate Greek Cypriot and Turkish Cypriot majorities will be required to constitute a quorum in each house. If a quorum is not attained in either house on two consecutive meetings because of the absence of a majority of one or both communities, the president of the relevant house will call a meeting in no less than 5 days and no more than 10 days. At that meeting, a majority of the upper house will constitute a quorum. In the lower house, 30 per cent of the total membership will constitute a quorum.
If the two houses fail to adopt a bill or decision, they will initiate proceedings to obtain a consensus while ensuring the continued functioning of the federal government. To this end, a conference committee will be established. The conference committee will be composed of two persons each selected by the Greek Cypriot and Turkish Cypriot groups equally from among the members of the two houses of the federal legislature. The text of the legislation or decision agreed to by the conference committee will be submitted to both houses for approval.
In the event the federal budget is not adopted in one or both houses and until an agreement is reached by the conference committee and is adopted by both houses, the provisions of the most recent federal budget shall remain in effect. The election law will be prepared alongside the constitution.
2. The Executive
The federal executive will consist of a federal president, a federal vice-president, and a federal council of ministers. The president and the vice president will symbolize the unity of the country and the political equality of the two communities.
The system will be parliamentary. The forming of the government is given to the parliamentarian by the president who ensures a majority in both chambers and presented for the approval of the house. If not approved it resigns. One of the following two ministries, that is foreign affairs or finance, will be allocated to a Turkish Cypriot minister. The president and the foreign minister will not come from the same community.
Arrangements related to the implementation of foreign policy and the composition of the foreign service will be set out in the federal constitution.
The Judiciary
The federal judiciary will consist of a supreme court composed of an equal number of Greek Cypriot and Turkish Cypriot judges appointed jointly by the president and vice-president with the consent of the upper house. The supreme court will sit as the federal constitutional court and the highest court of the federation. Its presidency will rotate between the senior Greek Cypriot and Turkish Cypriot members of the supreme court. Lower federal courts may be established in each federated state.
The supreme court will deal with matters arising under the federal constitution and federal laws, and will be empowered to fulfil other judiciary functions related to federal matters attributed to it by the federal constitution or federal legislation.
Each federated state will have its own judiciary to deal with matters not attributed to the federal judiciary by the federal constitution.
The federal constitution will establish the procedure for ascertaining the constitutionality of federal laws and executive acts, as well as adequate machinery of judicial review to ensure the compliance of legislative, executive, and judical acts of the federated states with the federal constitution.
C. Fundamental rights, including the three freedoms, and political, economic, social and cultural rights
All universally recognized fundamental rights and freedoms will be included in the federal constitution.
The freedom of movement, the freedom of settlement and the right to property will be safeguarded in the federal constitution. The implementation of these rights will take into account the 1977 high-level agreement and the guiding principles set out above.
The freedom of settlement and the right to property will be implemented after the resettlement process arising from the territorial adjustments has been completed. The federated states will regulate these rights in a manner to be agreed upon during the transitional period consistent with the federal constitution.
IV. Security and guarantee
The Republic will be demilitarised.
The Greek and Greek Cypriot troops and equipment on the one hand and Turkish and Turkish Cypriot troops and equipment on the other will be adjusted in accordance with the principles of the agreement within six months after the agreement has been approved by the two communities.
A timetable will be established after the demobilization of Greek and Turkish Cypriot units for the withdrawal of all non-Cypriot forces and this timetable will be fully implemented prior to the establishment of the federal republic and in phases parallel to the implementation of the programme of action set out.
There will not be any reserve force and any military or paramilitary training of civilian groups and this subject will be under the permanent scrutiny of parliament committees and any such action will be prevented.
The Greek Cypriot and Turkish Cypriot units will promote mutual respect, friendship and closer relationship between the two communities and all paramilitary activities and the ownership of weapons other than those licensed for hunting will be outlawed throughout the federal republic and any infraction will be a federal offence. The importation or transit of weapons and other military equipment other than that duly approved by the federal Government will be prohibited.
Immediately after the approval of the overall framework agreement by the two communities in separate referenda, an interim monitoring committee will be established composed of three guarantor powers, the two communities and the UN Peace-keeping Force in Cyprus (UNFICYP) which will be responsible for:
- Monitoring the achievement of the agreed numerical balance of Greek and Greek Cypriot troops and equipment on the one hand and Turkish and Turkish Cypriot troops and equipment on the other hand to be implemented within six months after the overall framework agreement has been approved.
- Monitoring the achievement of the agreed timetable for the further reduction to the agreed level of Greek Cypriot and Turkish Cypriot units and the withdrawal of all non-Cypriot forces not provided for in the Treaty of Alliance prior to the establishment of the federal republic.
- The Treaty of Guarantee, in a manner consistent with the principles of the Conference on Security and Cooperation in Europe (CSCE), with which the federal republic will affirm its commitment, will provide for a supervision and verification committee comprising representatives of the guarantor powers and of the federal president and federal vice-president. The United Nations will provide the support personnel to assist the supervision and verification committee in carrying out its functions.
- The supervision and verification committee will be responsible for investigating any development which in the view of either the federal president or federal vice-president or any guarantor Power is a threat to the security of either community or of the federal republic through on-site inspection and other methods the supervision and verification committee deems necessary. The supervision and verification committee will make recommendations for rectifying any situation it has established to be in contravention of the arrangements covered by the Treaties of Guarantee and of Alliance. The parties will be obligated to implement these recommendations promptly and in good will.
- The United Nations Security Council will be requested to revise the mandate of UNFICYP, including support of the supervision and verification committee.
V. Territorial adjustments
The Greek Cypriot and Turkish Cypriot communities agree on the territories of the federated states administered by each, taking into account the 1977 high-level agreement.
The map attached hereto sets out the territories of the two federated states. The territorial agreement shall be respected and will be included in the federal constitution
Persons affected by the territorial adjustments will have the option of remaining in the area concerned or relocating to the federated state administered by their own community.
The Patriotic Unity Movement considering the right of property a basic right is against an overall exchange of property between the two communities. The individuals have the right to withdraw the authority they gave to the T/C administration regarding their property.
VI Displaced persons
The property claims of Greek Cypriot and Turkish displaced persons are recognized and will be dealt with fairly on the basis of a time-frame and practical regulations based on the 1977 high-level agreement, on the need to ensure social peace and harmony, and on the arrangements set out below.
A. Areas that will come under Greek Cypriot administration
The first priority will be given to the satisfactory relocation of and support for Turkish Cypriots living in the area that will come under Greek Cypriot administration and to displaced persons returning to that area.
Turkish Cypriots who in 1974 resided in the area that will come under Greek Cypriot administration will have the option to remain in their property or to request to receive a comparable residence in the are that will come under Turkish Cypriot administration. Turkish Cypriot displaced persons currently residing in the area that will come under Greek Cypriot administration will have the option to receive comparable residence in the area that will come under Turkish Cypriot administration.
A bi-communal committee will be established immediately after the overall framework agreement has been approved in the referendums to arrange for suitable housing for all persons affected by the territorial adjustments.
B. Other areas under Greek Cypriot and Turkish Cypriot administration
Each community will establish an agency to deal with all matters related to displaced persons.
The ownership of the property of displaced persons, in respect of which those persons seek compensation, will be transferred to the ownership of the community in which the property is located. To this end, all titles of properties will be exchanged on a global communal basis between the two agencies at the 1974 value plus inflation. Displaced persons will be compensated by the agency of their community from funds obtained from the sale of the properties transferred to the agency, or through the exchange of property. The shortfall in funds necessary for compensation will be covered by the federal Government from a compensation fund obtained from various possible sources such as windfall taxes on the increased value of transferred properties following the overall agreement, and savings from defense spending. Governments and international organizations will also be invited to contribute to the compensation fund. In this connection, the option of long-term leasing and other commercial arrangements may also be considered.
Persons from both communities who in 1974 resided and/or owned property in the federated state administered by the other community or their heirs will be able to file compensation claims. Persons belonging to the Turkish Cypriot community who were displaced after December 1963 or their heirs may also file claims.
Current permanent residents of Cyprus who at the time of displacement owned their permanent residence in the federated state administered by the other community and who wish to resume their permanent residence at that location may also select the option to return.
Current permanent residents of Cyprus who at the time of displacement rented their permanent residence in the federated state administered by the other community and who wish to resume their permanent residence in that area will be given priority under the freedom of settlement arrangements.
All claims must be filed within six months after the approval of the overall framework agreement.
---thousand displaced persons who elect to return to their former permanent residence will be processed by the federated state concerned each year for----years. In addition, Maronites who in 1974 had their permanent residence in the federated state under the administration of the Turkish Cypriot community may elect to return to their properties. The two federated states will review the situation at the conclusion of the above mentioned period in the light of the experience gained.
This period will begin after the resettlement and rehabilitation process arising from territorial adjustments are essentially completed.
The settlement of those who select to return will take place after the persons who will be affected have been satisfactorily relocated. If the current occupant is also a displaced person and wishes to remain, or if the property has been substantially altered or has been converted to public use, the former permanent resident will be compensated or will be provided an accommodation of similar value.
Persons who are known to have been actively or are actively involved in acts of violence or incitement to violence and/or hatred against persons of the other community may, subject to due process of law, be prevented from returning to the federated state administered by the other community.
VII. Economic development and safeguards
A priority objective of the federal republic will be the development of a balanced economy that will benefit equally both federated states. A major programme of action will be established to correct the economic imbalance and ensure economic equilibrium between the two communities through special measures to promote the development of the federated state administered by the Turkish Cypriot community. A special fund will be established for this purpose. Foreign Governments and international organizations will be invited by the Security Council to contribute to this fund.
To help promote a balanced economy, persons may be employed throughout the federal republic at equal pay.
To protect in particular the federated state administered by the Turkish Cypriot community, special measures and safeguards will be adopted to avoid adverse economic effects resulting from the establishment of the federal republic, for example as a result of the adoption of one currency and the establishment of one customs frontier.
Each federated state may, in addition to federal taxation, establish and administer its own tax regime and determine tax rates in line with its economic objectives and needs.
In line with annex F,part II, of the Treaty of Establishment, the federal republic will accord most favored nation treatment to Greece and Turkey in connection with all agreements whatever their nature.
-A Communal committee will be established as part of the transitional arrangements to prepare the special programmes and measures envisaged above prior to the establishment of the federal republic. The United Nations Development Programme (UNDP) will provide the committee with support. The committee may request other expert assistance as required.
Matters related to the membership of the federal republic in the European Economic community will be discussed and agreed to, and will be submitted to the approval of the two communities in separate referendums. (This paragraph relates exclusively to arrangements that might be put in place in Cyprus and in no way impinges upon the prerogatives of the European Community and its member States in matters concerning membership in the Community.)
VIII. Transitional arrangements
Immediately after the approval in separate referendums of the overall framework agreement on Cyprus, the following transitional arrangements will be carried out to implement the overall framework agreement, including the preparation and putting into force of the federal constitution. All transitional arrangements will be fully implemented in an 18-month period.
In line with this overall framework agreement, bi-communal committees will be established immediately to implement the provisions related to the preparation and putting into force of the federal constitution and electoral law, the establishment of the federal civil service, property settlement claims, economic development and safeguards, arrangements related to the territorial adjustments to take effect at the time the federal republic is established, and the programme of action set out in the appendix. In addition, a committee composed of the leaders of the two communities and a representative of the Secretary-General of the United Nations will be established immediately to work out the transitional arrangements procedures foreseen herein and to ensure that the functions of the above mentioned committees are implemented in an effective and timely manner. Furthermore, the committee will, within 30 days of its completion by the two leaders at a high-level international meeting, organize separate referendums to approve the overall framework agreement, and, at the appropriate time during the transitional period, organize separate referendums to approve the federal constitution and the elections of federal officials with the assistance of and verification by the United Nations.
During the transitional period, the current arrangements for the administration of the day-to-day internal affairs of each side will continue, unless modified by the provisions of the overall framework agreement. In matters affecting Cyprus as a whole, such as international trade and tourism, the same principle shall apply on the understanding that these matters will be administered on an interim basis in the common interest. To this end, interim procedures will be agreed to by the two communities.
During the transitional period, external affairs shall be conducted in a manner, which accords with the principles contained in the overall framework agreement and in consensus sith the principles contained in the overall framework agreement and in consensus with the leaders of the two communities. Arrangements shall be made for joint delegations, in particular to international meetings.
The statutes, laws, regulations, rules, contracts currently in effect on both sides shall be considered valid to the extent they are not inconsistent with the overall framework agreement. The federal Government may review prior international agreements to determine whether any action should be taken in respect thereto.
Each community will prepare its federated state constitution and electoral law in line with the federal constitution and electoral law, and will organize its federated state governmental arrangements which shall both come into being at the same time that the federal republic is established.
The date of entry into force of the federal constitution will be specified therein and will be the date on which the federal republic comes into being.
IX Notification to the United nations
As soon as the overall framework agreement has been approved in separate referendums by each community, the leaders of the two communities wil address a letter to the Secretary-General of the United Nations transmitting to him the text of the Overall Framework Agreement with the request that he submit the letter and the overall framework agreement to the Security Council so that the Council may take note of the decision of the two communities to establish a federal republic in the manner described in the overall framework agreement. (NM)